imported post
Falcon118 wrote:
I keep hearing that the City of Pittsburgh has an ordinance against open carry that is preemted by State Law, but I can find no information about it. Does anyone have any links to this info?? Thx
Falc
In Ortiz v. Commonwealth, it was ruled that State law prohibited lessor municipalities to govern ownership or carrying of firearms. That State law said that those who carry in a City of the First Class, 1 million residents, need to have a license to carry whether openly or concealed.
Absolutely NO laws were grandfathered, any municiple law on the books is null and void. Any law created after the enactment of State preemption is in violation of State law.
The City of Pittsburgh is about 550,000 people short of becoming a City of the First Class.
You may lawfully open carry in the City of Pittsburgh, and if you are arrested, cited or otherwise negatively treated - the officers that had just violated your rights are guilty of "Official Oppression" - a second degree misdenmeaner. Nearly all LEO's and their corrosponding departments are well aware that open carry is legal without a license.
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§ 5301. Official oppression. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
- subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
- denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
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§ 106. Classes of offenses.
(a) General rule.--An offense defined by this title for which a sentence of death or of imprisonment is authorized constitutes a crime. The classes of crime are:
- Murder of the first degree, of the second degree or of the third degree, first degree murder of an unborn child, second degree murder of an unborn child, or third degree murder of an unborn child.
- Felony of the first degree.
- Felony of the second degree.
- Felony of the third degree.
- Misdemeanor of the first degree.
- Misdemeanor of the second degree.
- Misdemeanor of the third degree.
(b) Classification of crimes.--
7. A crime is a misdemeanor of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years.